Insights

Washington, D.C. – January 11, 2016: Crowell & Moring LLP is pleased to announce that six of its Washington-based attorneys are included in the Washingtonian's "Top Lawyers" list, which is available in the December 2015 issue and highlights the top legal talent within the Washington, D.C. area.

Washington, D.C. – January 13, 2015: Crowell & Moring LLP is pleased to announce the publication of its third annual "Litigation Forecast: What Corporate Counsel Need to Know in the Coming Year," and the introduction of its first-ever "Regulatory Forecast 2015: What Corporate Counsel Need to Know in the Coming Year."

The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023, signed into law on December 23, 2022, makes numerous changes to acquisition policy. Crowell & Moring’s Government Contracts Group discusses the most consequential changes for government contractors here. These include changes that provide new opportunities for contractors to recover inflation-related costs, authorize new programs for small businesses, impose new clauses or reporting requirements on government contractors, require government reporting to Congress on acquisition authorities and programs, and alter other processes and procedures to which government contractors are subject. The FY 2023 NDAA also includes the Advancing American AI Act, the Intelligence Authorization Act for FY 2023, and the Water Resources Development Act of 2022, all of which include provisions relevant for government contractors.

In Tolliver Group, Inc. v. United States (Aug. 17, 2022), the Court of Federal Claims (“COFC”) granted the contractor’s request for summary judgment, awarding $195,890 in legal fees the contractor incurred to successfully defend against a False Claims Act suit brought by a whistleblower.  The court held that the cost principles in Federal Acquisition Regulation (“FAR”) Subpart 31.2 applied to the contractor’s fixed-price task order, and the contractor’s legal fees were allowable and payable under the contract.  This is the second time that the COFC addressed the contractor’s entitlement to legal fees, having previously held that the contractor could recover a portion of them under the Spearin doctrine (which we reported on here).  The Federal Circuit later vacated that award on jurisdictional grounds (reported on here) and remanded the case to the COFC.

There has recently been an exponential increase in whistleblower complaints and enhanced scrutiny of corporate practices by the public, as well as by federal and state government agencies.  Recognizing this trend, Whistleblower Watch will discuss important developments in whistleblower law at the federal and state levels. 

Pressure. It’s the one constant for all legal departments, and general counsel rarely face more of it than when they’re leading an investigation that has made headlines and captured the public’s attention. In the digital age, the appetite for instant answers combined with intense public scrutiny has put tremendous pressure on every aspect of investigations—from the way facts are gathered to executive accountability, government relations, and managing the impact of the crisis on the brand and the stock price.

Whether the result of an employee complaint or a government inquiry, internal investigations are a fact of life for government contractors. However, the challenges of dealing with competing priorities are myriad and the potential pitfalls are many.

Please join us for the next edition of Third Thursday – Crowell & Moring’s Labor and Employment Update, a webinar series dedicated to helping our clients stay on top of developing law and emerging compliance issues.

In recent years, Congress has enacted expansive protections for whistleblowers across virtually every major industry. The National Defense Authorization Act for FY2013 continues this trend by significantly enhancing whistleblower protections for government contractor employees, including extending coverage to:

Please click here for a copy of the presentation. Please join us for the next edition of Third Thursday – Crowell & Moring’s Labor and Employment Update, a webinar series dedicated to helping our clients stay on top of developing law and emerging compliance issues.

Please join us for the next edition of Third Thursday – Crowell & Moring’s Labor and Employment Update, a webinar series dedicated to helping our clients stay on top of developing law and emerging compliance issues.